SAF sues DC for carry permits
Second Amendment Foundation
12500 NE Tenth Place • Bellevue, WA 98005
(425) 454-7012 • FAX (425) 451-3959 • Second Amendment Foundation Online
SAF SUES DISTRICT OF COLUMBIA OVER CARRYING OF HANDGUNS
For Immediate Release: 8/6/2009
For Immediate Release: Contact: Alan Gottlieb (425) 454-7012
BELLEVUE, WA – The Second Amendment Foundation today filed a lawsuit on behalf of three residents of the District of Columbia and a New Hampshire resident, seeking to compel the city to issue carry permits to law-abiding citizens.
The lawsuit was filed in U.S. District Court on behalf of Tom Palmer, George Lyon and Amy McVey, all District residents, and Edward Raymond, a New Hampshire resident. SAF and the individual plaintiffs are being represented by attorney Alan Gura, who successfully argued the landmark District of Columbia v. Heller case in 2008 that overturned the District’s handgun ban on the grounds that it was unconstitutional under the Second Amendment.
“Once again,” said SAF founder and Executive Vice President Alan Gottlieb, “we’re heading back to court because the anti-gun city administration refuses to abide by the law. It is beginning to appear like residents of the District are up against a rogue city government that simply does not want to ease its stranglehold on the most important civil right of all, the right of self-preservation.”
“In most major American cities,” said attorney Gura, “where the right to bear arms is respected, licensed permit holders have proven themselves safe and effective. Washington, D.C. already requires handgun registrants to complete the background checks and training classes required of carry permit holders throughout the country. It is pointless to deny these individuals the right to bear arms.”
SAF previously sued the District over its restrictive handgun registration policies, leading the city to amend those policies. This time, SAF is alleging that the District previously had a city code under which the police chief could issue licenses to carry handguns to individuals, including citizens not residing in the District, though the city did not issue such licenses as a matter of policy for several years. That authority was revoked last December by the Mayor and City Council.
Plaintiffs are seeking a permanent injunction against the continued ban on carrying handguns by law-abiding citizens for personal protection.
The Second Amendment Foundation (Second Amendment Foundation Online) is the nations oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and an amicus brief and fund for the Emerson case holding the Second Amendment as an individual right.
Alan Gura Right to Carry in DC Lawsuit
Don't know how I missed this.
Did a search and did not find it here. If I missed it please combine, or delete.
Lawsuit seeks right to carry guns in public - Washington Times
Lawsuit seeks right to carry guns in public
The man whose Supreme Court challenge secured the right of D.C. residents to keep guns in their homes is back in court, this time filing a lawsuit on behalf of a group seeking the right of registered gun owners to carry their guns in public.
Four individuals and a gun-rights advocacy group joined lawyer Alan Gura on Thursday in filing the lawsuit in U.S. District Court. It was an earlier lawsuit by Mr. Gura that forced the District to end its 30-year-old gun ban, the strictest in the United States.
The lawsuit argues that the District's "laws, customs, practices and policies generally banning the carrying of handguns in public violate the Second Amendment" of the U.S. Constitution. It asks that the District issue licenses to carry guns in public to legal gun owners in the city and to people with valid carry permits from outside the city.
"This lawsuit was inevitable in many ways," Mr. Gura said Thursday, adding that most jurisdictions in the country have carry laws. "This is not the end of all gun control."
Mr. Gura said the lawsuit does not take a position on whether the District should allow legal gun owners to carry weapons openly or in a concealed manner. That issue, he said, should be left to city officials to regulate.
The D.C. residents who brought the case are Tom G. Palmer, George Lyon and Amy McVey. The nonprofit Washington state-based Second Amendment Foundation is also named as a plaintiff.
The three D.C. residents, who are licensed gun owners in the District, had gun-registration applications rejected by the Metropolitan Police Department because they stated their intention was to carry the loaded guns on their person outside their homes.
"My right to self-defense shouldn't stop at my front door," said Mrs. McVey, 46, of Northwest Washington. Mrs. McVey in July became the first person to register a handgun in the District after the ban was lifted.
Asked where she might carry her gun, Mrs. McVey responded: "Everywhere it's legal."
Edward Raymond, a Navy veteran enrolled in law school in New Hampshire, is also listed as a plaintiff.
Mr. Raymond, who is not a D.C. resident, was stopped for speeding in the District in April 2007 while he was transporting a gun for which he had permits in Maryland and Florida. He was charged with carrying a pistol without a license and pleaded guilty to misdemeanor unregistered gun and unregistered ammunition charges.
He sought a license that would allow him to transport his gun through the District but was refused.
D.C. Council member Phil Mendelson, chairman of the Committee on Public Safety and the Judiciary, had not seen the lawsuit but said he disagrees with the basic premise.
"Mr. Gura is treading uncharted ground claiming that the Second Amendment offers the right to carry," he said.
Mr. Mendelson said the District's role as home to the president, Congress and the diplomatic corps should be reason enough not to allow carrying.
"In the nation's capital, carrying is perhaps the greatest concern to law enforcement because it makes it very hard for law enforcement to distinguish between a person who is carrying a firearm legally and a potential assassin," he said.
The Supreme Court ruled in June 2008 that the city's near-total ban on handguns was unconstitutional and that residents should be allowed to keep guns in their homes for personal protection.
City officials began rewriting the laws immediately after the decision. The new laws still forbid semiautomatic and other high-powered weapons.
Mr. Gura filed another lawsuit in March, arguing that a roster of handguns deemed acceptable for registration was restrictive. The lawsuit was dropped when the D.C. government in June expanded its list of guns that residents could seek to register.